The court emphasized the importance of victimology in criminal cases and considered the financial capacity of the accused when ordering compensation.

Petition for bail.

2. Offences alleged are under Sections 304(ii) and 337 IPC and Sections 184 and 185 of Motor Vehicles Act in Crime No.51 of 2015.

3. According to the learned counsel for the petitioner even taking the allegations as such, it would not warrant an offence under Section 304(ii) of IPC. A normal road accident case has been made an offence of culpable homicide not amounting to murder. Prosecution has blown it beyond proportion. Prosecution is trying to make a mountain out of a mole.

4. Learned Government Advocate submitted that the petitioner is responsible for the death of a person. At the time of incident, petitioner was under the influence of alcohol.

5. I have anxiously considered the rival submissions.

6. On 21.02.2015, at about 7.30p.m., petitioner came driven his Honda Activa Bike [TN05 AM 7400]. At about that time, he is alleged to have ran over a two-wheeler. It became a fatal accident. The injured passed away at the hospital.

7. A case of drunken driving has been booked by the police. It is alleged that at that time, petitioner was under the influence of alcohol. The merit or otherwise of the case has to be decided by the learned trial Judge at the appropriate stage.

8. A young man's life has been lost. He was 28 years old. He suffered untimely death. It is alleged that it is because of a violent criminal act committed by the petitioner.

9. In these matters, the principle of victimology now gathered momentum in criminal law. All these days, judges and lawyers gave much importance to prosecution, criminals and defence. They have completely forgotten the victims. In the law colleges criminology has been taught. Not teaching victimology as a subject in law college is also a reason for less awareness among the legal fraternity about victimology.

10. In a case, Indian legendary jurist late Justice V.R.Krishna Iyer lamented that in the administration of criminal justice, the most forgotten elements are victims of crime. Both prosecution and defence did not focus their attention towards victims. Now the trend has changed. A new trend has developed. Criminal courts have started thinking about the fate of the victims, who are the real sufferers in a violent criminal act. Thus, by way of restitution, some sort of compensation is being awarded by the criminal courts. They started looking at Section 357 Cr.P.C. dealing with victim compensation.

11. But, at the same time, while doing so, the Court must take into account the financial capacity of the payer/accused. In our zeal to provide relief to the victim, the accused should be flogged.

12. Now, in this case, the petitioner is running a canteen in Sky Walk, Aminjikarai. He pays considerable amount as monthly rent. He is doing business. The deceased is a bachelor. Died at the age of 28 years.

13. In the circumstances, the defence side came forward with a proposal of paying Rs.1,00,000/- and also need time to pay the amount.

14. Fixation of this amount, must differ from case to case, from person to person. No invariable rule can be formulated. There is no cut and dried formula. These matters cannot be waived in golden scale. Some sort of guessing is allowed. But, it should not be a wild guess. For instance, today in Crl.O.P.No.5835 of 2015 since the accused is a poor auto driver, we have directed him to pay Rs.50,000/-. But, the petitioner is little bit well of. We have already noted down the financial capacity of the accused. He is also in jail.

15. In the circumstances, I am inclined to grant him bail on the following terms and conditions:

16. Ordered as under:

(i) Bail granted;

(ii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore, Chennai-600 008;

(iii) Petitioner shall deposit Rs.1,50,000/- in Crime No.51 of 2015.

(iv) The said Rs.1,50,000/- shall be deposited in the following manner.

1. At the time of executing of bail bond –